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Forum -> Judaism -> Halachic Questions and Discussions

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amother

Thu, Dec 03 2020, 4:15 am

Is there a concept of copyright and intellectual property in halacha?

What are the dinim about intellectual property?

Is there a difference, according to halacha, whether intellectual property belongs to a jew or non-jew?

Can a jew go to civil court for copyright infringements against a fellow jew?

Would a beith din render about the same psak as the civil court?

Should a jew ignore copyright? of a fellow jew? of someone who is not jewish?

amother

Copper

Thu, Dec 03 2020, 4:30 am

The quick answer is that classical halacha doesn't have a category for intellectual property, but by the time of the rishonim, it was being understood as its own issue, whether theft or dishonesty.

Of course, infringement of copyright is a violation of the law in most countries and so Jews are bound by that.

(If you listen to "Jewish" music you know that this is not strictly observed.)

amother

Saddlebrown

Thu, Dec 03 2020, 4:34 am

Lots of very interesting articles on the subject at https://businesshalacha.com

amother

Cerise

Thu, Dec 03 2020, 4:35 am

I learned today if any type of art is copyrighted it doesn't count if it's on the internet. And you can't even contact the artist - forget taking them to a frum or secular court.

amother

Thu, Dec 03 2020, 4:36 am

amother [ Cerise ] wrote:

I learned today if any type of art is copyrighted it doesn't count if it's on the internet. And you can't even contact the artist - forget taking them to a frum or secular court.

Sounds strange to me.

Success10

Thu, Dec 03 2020, 4:40 am

amother [ Cerise ] wrote:

I learned today if any type of art is copyrighted it doesn't count if it's on the internet. And you can't even contact the artist - forget taking them to a frum or secular court.

The copyright "doesn't count" halachically or legally?

amother

Cerise

Thu, Dec 03 2020, 4:43 am

Success10 wrote:

The copyright "doesn't count" halachically or legally?

Both apparently. Actually you are a better person if you turn a blind eye whenever you see anyone using someone else's creations, ideas, and art. It makes you a holier better neshama.

Only terrible ugly neshomos think about another person and how it would feel to have someone copy your ideas. And anyone who isn't flattered by someone using their ideas, art, and creations is just so troubled and sick, and clearly very bored.

amother

Saddlebrown

Thu, Dec 03 2020, 4:49 am

Success10 wrote:

The copyright "doesn't count" halachically or legally?

Please ignore the frustrated comments on this thread. There are actual halachos on the subject, the link above has plenty.

Quote:

Copyrights and Patents Introduction
Rabbi Meir Orlian
Thu May 14 2015
Based on the writings of Rav Chaim Kohn, שליט''א
Q: Copyright and patent law have become very relevant legal issues in the past two centuries. What is the halachic approach to copyright?

A: This question has been addressed by contemporary authorities; there are widely divergent opinions. Be"H, we will deal with some of the fundamental questions relating to this issue. Among them:

Is there halachic ownership of intangible objects, such as Torah thoughts, professional techniques, a computer program, or music work?
Is there a time limit to these rights?
Do heirs have rights in their inheritor's works?
Is there a difference between Torah seforim/ shiurim and other items?
Can a person sell something, yet restrict its use? If yes, what recourse does the seller have?
What role, if any, does state law play here?
What status do common commercial practice and local customs have?
What is the idea behind haskamot (approbations) of seforim?
Is there a difference between copying for personal or commercial use?
Once something has been made public on the internet, legally or illegally – does that impact the halacha?
Based on our discussion of these issues, IY"H, we will attempt to address practical cases.

The above is their introduction to the subject. You can see it's not so simple.

Success10

Thu, Dec 03 2020, 4:50 am

amother [ Cerise ] wrote:

I see something frustrating has happened to you and you're resentful. I'm also an artist, and my work is also often on the web. Would I be upset if someone copied my work and took credit for it? You bet. Does how I feel have any bearing on halacha? Nope! Halacha is based on logical interpretation of ancient texts and we are not meant to let emotion influence our understanding of the ruling.

Which doesn't invalidate what you've been through, I'm sure it was extremely aggravating and you're allowed to be upset.

Success10

Thu, Dec 03 2020, 4:53 am

amother [ Saddlebrown ] wrote:

Please ignore the frustrated comments on this thread. There are actual halachos on the subject, the link above has plenty.

Don't worry, we're on the same page. Very Happy

But people are entitled to be frustrated if someone stole their work. They just need to understand that doesn't change the reality of halacha, (or the law, apparently).

amother

Cerise

Thu, Dec 03 2020, 4:55 am

Success10 wrote:

Apparently imamothers know halacha better than a Rav. The psak was clearly written on page 2 yet people are still telling her she needs to do Teshuvah pages later.

I just didn't know it was encouraged to insult Jews and hope they need stitches if you disagree with them. I never knew that was a mitzvah.

amother

Thu, Dec 03 2020, 5:33 am

Success10 wrote:

You are just stating a personal opinion. You don't take into account copyright law, nor dinim on copyright.

It's your right to be uninformed about this, I am too. But what we are looking for in this discussion is something more substantial.

amother

Thu, Dec 03 2020, 5:34 am

amother [ Saddlebrown ] wrote:

The above is their introduction to the subject. You can see it's not so simple.

Thank you for both of your posts and the sources you linked.

That is the kind of information I am looking for.

amother

Sapphire

Thu, Dec 03 2020, 5:39 am

Here's an article regarding the halachic aspect of copyrighted material on youtube , which is can be relevant for other material on the internet as well.

https://outorah.org/p/5620/

Success10

Thu, Dec 03 2020, 5:53 am

amother [ OP ] wrote:

I actually didn't say anything at all regarding halacha or copyright law. I'm neither a rav nor lawyer. I just said that emotion should not influence our psak halacha, and I stand by what I said.

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